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I have a question wrt the OWR. I was resident and not ordinary

Customer Question

I have a question wrt the OWR.
I was resident and not ordinary resident between the 9th March 2012 and 2nd February 2015. I stayed in France between the 2nd Jan 2015 and 21 Oct 2015. I came back to London on the 22 Oct 2015.
-2011/2012: Not resident. No claim for OWR
- 2012/2013: Resident. No claim for OWR because salary not paid offshore
- 2013/2014: Resident. Eligible for OWR claim
- 2014/2015: resident. Eligible for OWR claim
-2015/2016: According to the tests I did online: I'm still resident
Am I eligible to claim OWR for the 2015/2016 Tax year?
Also I have a home working contract and I claimed the OWR for the days I worked from abroad (personal trip). Can you confirm that there is nothing in the HMRC guide that prevents me from working in another country that was not requested by my employer? And in that case I can claim OWR for overseas workdays from a personal trip?
You will find below what the Taxman asked me:
"The flights for this trip appear to have been booked personally by you rather than through your employer’s travel agency. If it is a personal trip could you please state on what basis you have claimed overseas workdays for this trip."
My employment contract says the following:
"Your main place of work shall be at your home address. However, the nature of your work is such that you will be required to travel to and work at our other offices or those of any Associated Company and/or visit client or prospective client premises in the United Kingdom or any other country within the Europe, Middle East and Africa region of our business. It is therefore a requirement that you are available to make such business trips for such periods that are necessary to fulfil your duties and the needs of the business. In addition, you may be required to travel to and work in any other country in which we may have a business interest provided this is reasonably agreed between the parties. Where appropriate, any requirement for you to travel shall be reasonable and on the basis that we shall consider your health and safety."
Thank you in advance for your reply.
Submitted: 6 months ago.
Category: Tax
Expert:  bigduckontax replied 6 months ago.
Hello, I am Keith, one of the experts on Just Answer, and pleased to be bale to help you with your question. As you are probably aware if you spend more than 183 days in the UK in any one tax year then you are liable to UK taxation on your world wide income. Before I can fully consider your question I need to know the exact dates you were in the UK in each tax year.
Customer: replied 6 months ago.
Hi,
I know that I'm eligible to claim the OWR for the tax year 2014-2015. So you don't need to know how much days i stayed in the UK. And what I really want you to answer is whether I can claim OWR for the days I spent working in another country that was not an official trip requested by my employer and it was my own initiative to do so.
Please see below the part of my initial question I want to get your expertise on:I have a home working contract and I claimed the OWR for the days I worked from abroad (personal trip). Can you confirm that there is nothing in the HMRC guide that prevents me from working in another country that was not requested by my employer? And in that case I can claim OWR for overseas workdays from a personal trip?
You will find below what the Taxman asked me:
"The flights for this trip appear to have been booked personally by you rather than through your employer’s travel agency. If it is a personal trip could you please state on what basis you have claimed overseas workdays for this trip."My employment contract says the following:
"Your main place of work shall be at your home address. However, the nature of your work is such that you will be required to travel to and work at our other offices or those of any Associated Company and/or visit client or prospective client premises in the United Kingdom or any other country within the Europe, Middle East and Africa region of our business. It is therefore a requirement that you are available to make such business trips for such periods that are necessary to fulfil your duties and the needs of the business. In addition, you may be required to travel to and work in any other country in which we may have a business interest provided this is reasonably agreed between the parties. Where appropriate, any requirement for you to travel shall be reasonable and on the basis that we shall consider your health and safety."
Thank you in advance for your reply.
Expert:  bigduckontax replied 6 months ago.
I have opted out of this question. This post is merely to clear my question list.
Expert:  Nicola-mod replied 6 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 6 months ago.
I'm okay for you to continue this search. However I need a response by mid next week.
Thank you
Expert:  Nicola-mod replied 6 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola

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